Mahendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72940 of 2025 Arising Out of PS. Case No.-139 Year-2025 Thana- KISHANPUR District- Supaul ====================================================== Mahendra Yadav S/o Late Bhagwat Yadav aged about 57 years, male, Resident of village- Tharbitta, Ward No 14, PS- Kishanpur, Dist- Saupaul ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shatrughna Pandey, Adv.

For the Opposite Party/s :

Ms.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Kishanpur PS. Case No. 139 of 2025 dated 12-07-2025, instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3.The allegation is of the recovery of 4 litres of country-made liquor from the thatched house of the petitioner. 4.Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that nothing has been recovered from the house of the petitioner and no seizure list has been prepared in this regard. The story of the seized articles is false and concocted. Lastly, it is submitted that the petitioner

Patna High Court CR. MISC. No.72940 of 2025(2) dt.16-10-2025 2/3 has one criminal case pending against him.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1 Supaul, in Kishanpur PS. Case No. 139 of 2025, S.T Excise No.

Patna High Court CR. MISC. No.72940 of 2025(2) dt.16-10-2025 3/3 ground of misuse (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail and (v) that the petitioner will appear before the SHO of concerned PS in the first week of each month till the framing of charge in this case.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U